Accidents & Injuries in West Virginia
Key West Virginia Law
West Virginia Code Section 55-2-12
West Virginia imposes a two-year statute of limitations for personal injury claims arising from accidents. An injured party must generally file their lawsuit within two years of the date of the accident or injury.
View official statuteProcedural Details in West Virginia
West Virginia Agencies & Resources
West Virginia Offices of the Insurance Commissioner
Regulates insurance companies in West Virginia and handles consumer complaints about auto accident insurance.
West Virginia Division of Motor Vehicles
Manages West Virginia driver licensing, vehicle registration, and accident report records.
West Virginia State Bar — Lawyer Referral Service
Provides referrals to West Virginia-licensed personal injury attorneys.
Frequently Asked Questions
How long do I have to file an accident lawsuit in West Virginia?
West Virginia Code Section 55-2-12 provides a two-year statute of limitations for personal injury claims. Government entity claims under the West Virginia Governmental Tort Claims and Insurance Reform Act (WV Code 29-12A-6) must also be filed within two years, with specific procedural requirements. Consulting an attorney promptly is advisable to preserve evidence and comply with all filing requirements.
What is West Virginia's 51% modified comparative fault rule?
Under West Virginia Code Section 55-7-13a, if you are 50% or less at fault, you can recover damages reduced proportionally. If you are found 51% or more at fault, you are completely barred from recovering any compensation from the other party.
Is West Virginia a no-fault auto insurance state?
No. West Virginia is a traditional tort (fault-based) state. The at-fault driver's liability insurance compensates injured parties. West Virginia does not require mandatory personal injury protection (PIP) coverage.
Are there damage caps in West Virginia accident cases?
West Virginia does not impose a general statutory cap on compensatory damages in most personal injury accident cases. Medical malpractice non-economic damages in West Virginia are capped at $250,000 to $500,000 depending on the severity of injury. Government entity claims may be subject to limitations under the Governmental Tort Claims Act.
Related Accidents & Injuries Scenarios
Can I sue for a rear-end car crash?
Understanding your options after being rear-ended in a car accident.
Can I sue for a slip and fall in a store?
Understanding premises liability when injured in a slip and fall accident at a business.
Can I sue for injuries from a motorcycle accident?
Legal options for motorcyclists injured in accidents caused by other drivers or road conditions.
Can I sue for injuries from a bicycle-vehicle collision?
Legal options for cyclists injured in collisions with motor vehicles or due to dangerous road conditions.
Have a Specific Situation in West Virginia?
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